GENERAL TERMS AND CONDITIONS
I. INTRODUCTORY PROVISIONS
- The seller and operator of the online store www.kreativator.sk is Ing. Ladislav Nyers - 3 STAR, its registered office at Mederčská 745/51, 945 01 Komárno, IČO: 37197240, IČ DPH: SK1020107319, entered in the Trade Register of the District Court of Komárno, č. ŽR: 401 - 11560, Komárno (hereinafter referred to as the "Seller"). The seller is a VAT payer.
- The supervisory authority is the SOI Inspectorate for the Nitra Region, Staničná 9, P. O. BOX 49A, 950 50 Nitra 1, Supervision Department, tel. no. 037/772 02 16 fax no. 037/772 00 24.
- The purpose of these General Terms and Conditions (GTC) is to regulate the mutual rights and obligations of the Seller as a supplier and consumer in the sale of goods at a distance in accordance with Act no. 102/2014 Coll. On consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the seller and amending certain laws (hereinafter "Act on the sale of goods at a distance"), which (consumer) has the status of buyer.
- The purpose of the GTC is also to regulate the mutual rights and obligations of the Seller and other entrepreneurs when concluding purchase contracts in accordance with § 409 of Act no. 513/1991 Coll. The Commercial Code as amended (hereinafter referred to as the “Commercial Code”), which (the entrepreneur) has the status of a Buyer for the purposes of these GTC.
- The GTC are an inseparable part of the consumer purchase contract concluded between the Seller and the consumer according to Act no. 40/1964 Coll. Of the Civil Code (hereinafter referred to as the “Civil Code”) and the Act on the Sale of Goods at a Distance or the purchase contract concluded between the Seller and the entrepreneur pursuant to the Commercial Code.
- The contractual relationship between the Seller and the Buyer is governed by the law of the Slovak Republic. In the event that the contracting party is a consumer, the legal relations not regulated by the GTC are governed by the Civil Code, Act no. 250/2007 Coll. on Consumer Protection, as amended, and the Act on Consumer Protection in the Sale of Goods at a Distance. If the contracting party is an entrepreneur, the legal relations not regulated by the GTC are governed by the Commercial Code.
Seller - an entrepreneur who offers and sells goods to the Buyer through the online store www.kreativator.sk.
Buyer - is a consumer or entrepreneur (a person who is not a consumer) who buys goods from the Seller.
Consumer - a natural or legal person who purchases products or provides services for the personal use or protection of your household accessories and assists in overlapping and fulfilling by a consumer who is not a member of any other or other business activity.
Consumer contract - a purchase contract, contractually agreed on the one hand by the Seller and on the other hand by a passenger who does not have the opportunity to request the content of a pre-prepared proposal for the conclusion of the contract.
Buyer who is not a consumer (entrepreneur) - a person who, in covering and fulfilling the purchase contract within the subject of his economic or other business activity. Purchase contract - Order sent Preliminary notification of the proposal for the conclusion of the purchase contract. The purchase contract itself is concluded by confirming the order by the Overdose, the proposal will be accepted directly. From this moment, when you buy and predict which affect the rights and obligations that are associated with other contracts and other GTC, entities that buy contracts are excluded.
General Terms and Conditions (GTC) - Contractual provisions agreed between the Seller and the Buyer in this document. At the time of sending your order, the buyer confirms that he agrees with these GTC payments at the time of sending your order and is bound from the moment of concluding the purchase contract. By sending your order, the buyer confirms that before sending his order, he has read these GTC and agrees with them without reservations.
Electronic order - an electronic form containing information about the Buyer, a list of ordered goods from the e-shop offer www.kreativator.sk (hereinafter referred to as "e-shop") and the total price of these goods, processed by the e-shop system.
Goods - a product that reaches the consumer through the market. The goods are all products of the Seller listed on the e-shop website.
List of goods - catalog of commonly supplied goods. The seller does not guarantee the immediate availability of all listed goods. The availability of the goods will be confirmed for the Buyer based on the Buyer's question.
Information about the goods - drawn from publicly available sources and official websites of the manufacturer, importer. The seller is not responsible for the correctness of the information drawn from these sources. The
III. THE GOODS
- The seller through the e-shop www.kreativator.sk offers mainly clothing (textiles), gift items, stamps, mats, or other goods according to the current offer.
- The Buyer has the opportunity to choose the goods that the Seller has in the offer by default or has the opportunity to create his own design of goods according to his2. The Buyer has the opportunity to choose the goods that the Seller has in the offer by default or has the opportunity to create his own design of goods according to his specific requirements, by editing and entering special requirements by clicking on the "edit in the designer" option. By selecting this option, the Buyer can choose his size, color of the goods, insert his own design, his own text or his own photo. The buyer has the opportunity to choose a pre-offered design and edit it in the designer, e.g. by adjusting its size, location, etc. Goods modified in this way are goods made according to the special requirements of the consumer (hereinafter referred to as "Goods made according to the special requirements"). When ordering Goods made according to special requirements, the consumer, in accordance with the provisions of § 7 par. 6 letter c) of the Act on Consumer Protection in the Sale of Goods at a Distance, has no possibility to withdraw from the purchase contract and return the Goods made according to special requirements.
- After receiving the proposal, the buyer has the opportunity to request his proposal, which will be sent to the specified email address. If you want to buy goods, click on the item "Selection and insertion into the cart" can also be obtained in the final version. Subsequently, the Buyer proceeds in accordance with Article IV. of these GTC.
- The Seller is not responsible for the content of the motif that the Buyer orders.
- The Seller uses several types of printing technologies, depending on the specific product, which are listed on the Seller's website, in the section https://kreativator.sk/technologie-tlace.
- The Buyer acknowledges that in order to enter and print his own image, the Buyer must have license rights to use the graphic. In the event that the Buyer is not sure of the existence of the right to use the motive, the Buyer is obliged to contact the relevant rights holder. In unclear cases, such motives cannot be used. The Buyer is responsible for the graphics uploaded by the Buyer to the online designer. The use of well-known trademarks or company logos also infringes the copyrights of individual owners. If a third party asserts its claims against the operators of the Kreativator e-shop for infringement of ownership or copyright, the Buyer undertakes to release the operator of the Kreativator e-shop from these legitimate claims and to pay the costs associated therewith.
- The buyer may place an order for the goods by:
- electronic order via the e-shop system www.kreativator.sk (recommended) or
- by e-mail at firstname.lastname@example.org. (Only in the following rare cases: if the designer does not support the graphic format, if it is necessary to create custom graphics, if for technical reasons the online designer does not work)
- The order is executed as follows:
- The buyer chooses the goods he is interested in, while for each product he is offered 2 options:
- add the product directly to the cart or
- modified in the designer (in this case the procedure is in accordance with Article III. Of these GTC),
- by adding the goods to the basket, the Buyer gets to the section with the possibility to proceed to "Go to the order,"
- by clicking on the "AccessGo to order" icon, the Buyer will get to the section with an overview of the goods added to the shopping cart;
- by clicking on the option "selection of transport and payment", the Buyer will be offered the opportunity to fill in the order form according to paragraph 4 of this article;
- The Buyer shall fill in the order form in accordance with paragraph 4 of this Article;
- The buyer confirms the order by clicking on the option "Order with payment obligation"
(hereinafter referred to as the "Order Execution").
- The Buyer obligatorily orders the goods by clicking on the "Order with payment obligation" icon after the Execution of the Order (hereinafter referred to as the "Order of Goods").
- The Buyer is obliged to fill in the order form (hereinafter referred to as the "Order Form") during the Execution of the Order by stating:
- Username and password, if any user account has been set up (by clicking on the "Log in" option);
- Invoicing data / delivery data in the range of name and surname, address, e-mail, telephone, in the case of a natural person and business name, ID number, VAT number in the case of a legal entity;
- Another delivery address, if he is interested in delivering the goods to another address;
- Method of delivery, namely by personal collection, post or courier delivery;
- Method of payment, namely:
- advance transfer to the account - in the traditional way via internet banking or direct deposit to the account. Payment details will be sent to the Buyer by email after placing the order;
- by card - payment of the order by payment card using a payment gateway. To make a payment, the Buyer will enter the 16-digit card number, expiration date and CVC / CVV code, which he will find on the back of the card;
- in cash at personal collection;
- cash on delivery - The buyer pays the goods directly to the courier, the surcharge is 1.00 EUR. Cash on delivery is possible up to EUR 30.00.
- Method of delivery, namely:
- European Union
- European Post - standard - delivery price 6.90 €;
- European Post - express - delivery price 16.90 €;
- Other countries
- European Post - standard - delivery price 19.90 €;
- DHL - express - delivery price 34.90 EUR;
- The Buyer expressly declares that he has been acquainted with the General Terms and Conditions, the Complaints Procedure and that he has been informed about the conditions of personal data processing.
- In the "Summary" section, the final selling price for the selected type and quantity of goods and other costs related mainly to the delivery of goods paid by the Buyer (hereinafter referred to as the "Total Price") will be displayed. The Seller reserves the right to change the Total Price, until the moment of acceptance of the order according to paragraph 5 of this article.
- The order of goods is, in accordance with the Civil Code, a proposal for the conclusion of a purchase contract. The purchase contract is concluded if the Seller accepts the proposal for conclusion by sending a confirmation of receipt of the Order to the Buyer's e-mail address (hereinafter referred to as "Acceptance of the Order"). Any change of the Order after the Acceptance of the Order is possible only by mutual agreement of the Seller and the Buyer.
- The Seller undertakes to send the Acceptance of the Order to the Buyer's email address within 2 working days from the date of sending the Order to the Buyer. In the event that the Buyer for any reason does not receive the Acceptance of the Order within 2 working days from the sending of the Order, he will contact the Seller.
- In the event that the goods are sold out or unavailable at the time of ordering the goods, the Seller informs the Buyer that the Order cannot be accepted due to the unavailability of the goods.
- In the case of payment by bank transfer or online payment card, the Seller undertakes to process the order no later than 7 working days from receipt of payment for the order.
VI. PURCHASE PRICE
- The Buyer acknowledges that the selling price for the goods listed on the e-shop page, which belongs to a specific product (hereinafter "Price of Goods") includes VAT in accordance with generally binding legal regulations in force in the Slovak Republic. The Sales Price does not include the costs of transport, postage and delivery of goods.
- By ordering the goods, the Buyer undertakes to pay the selected type and quantity of goods for the Price of the goods.
- The Buyer is obliged to state the method of payment for the goods during the Execution of the Order.
- The price is payable depending on the method of payment chosen during the Execution of the Order. In case of:
- The buyer pays for the goods in cash, the total price is payable at the time of receipt of the goods;
- The buyer pays for the goods with a payment card via the Internet, the total price is payable at the time of order confirmation and redirection to the payment gateway;
- The buyer pays for the goods by transfer to a bank account, the total price is payable within 3 working days from the date of conclusion of the purchase contract.
- The total price shall be deemed paid in the case under paragraph 4 (i) of this Article at the time of payment to the Seller or authorized person and in the case under paragraph 4 (ii) and (iii) of this Article at the time of crediting the Seller's bank account.
- The Seller is obliged to issue a tax document to the Buyer in accordance with generally binding legal regulations valid in the territory of the Slovak Republic.
VI. ORDER CANCELLATION
- The buyer has the right to cancel the order by e-mail to email@example.com or by phone at +44 (0)750 151 2935 in the following cases:
- until the order has been confirmed by the Seller,
- if the published price of the product has not been observed.
- After confirming the order, the order can be canceled only with the consent of the Seller.
- The Seller has the right to cancel the order if due to the sale or unavailability of the goods or with all the efforts that can be reasonably required of him, he is unable to deliver the goods to the Buyer within the specified period or at the price specified in the e-shop, The buyer does not agree otherwise. The seller has the right to cancel the order even if the customer does not respond to the e-mail or can not reach him by phone for more than three working days in a row. The seller has the right to cancel the order even if payment for the order is not received within five working days of creating the order. An exception is cash on delivery or cash on delivery.
VII. DELIVERY AND TAKEOVER OF GOODS
- The Seller undertakes to deliver the goods chosen by the Buyer, in the manner specified by the Buyer during the Execution of the Order.
- The buyer can choose:
- If the buyer is from European Union
- European Post - standard - delivery price 6.90 €;
- European Post - express - delivery price 16.90 €;
- If the buyer is from other country:
- European Post - standard - delivery price 19.90 €;
- DHL - express - delivery price 34.90 EUR;
- In the case of cash on delivery, the price for transport is increased by 1 EUR with VAT. The delivery price for orders over 33.00 EUR is free, except for promotional items.
- With personal collection at the collection point, collection is free of charge. Personal collection is conditioned by the physical presence of the ordered goods. The Buyer will be informed by e-mail or telephone about the order ready for collection. The order can also be paid on the spot in cash, if the total price of the order does not exceed EUR 30.00. The goods can be picked up after a preliminary telephone agreement with an employee of the Seller.
- In the case of orders to countries outside the Slovak Republic, delivery is ensured by the Slovak Post or the DHL courier service. The price of transport to EU countries is EUR 6.90 as standard, express delivery is EUR 16.90. The price of transport to countries outside the EU is EUR 19.90 as standard and EUR 34.90 express.
- Unless otherwise agreed, the Seller undertakes to deliver the goods to the Buyer no later than 7 working days from the email confirmation of the order. The seller reserves the right not to perform the performance if the graphic materials in the required quality are not delivered to him. In this case, the delivery time may be extended, as well as for goods that are not in stock. The delivery time for promotional items and mats is a maximum of 30 days, and the estimated time will be stated in the order confirmation.
- The delivery period begins to run:
The Seller's obligation to deliver the goods within a certain period is considered fulfilled depending on the selected type of transport specified in the Order Execution, the day of preparation of the goods for personal collection the day of dispatch, while the Seller's obligation to deliver the goods is fulfilled to the first carrier.
in the case of cash on delivery from the day following the Order Confirmation by the Seller
in the case of another method of payment from the day following the crediting of the payment to the Seller's account.
- The buyer agrees to receive the invoice exclusively by e-mail to the email address specified in the order.
- The buyer is informed about the dispatch of the goods on the day of their sending by post or courier. The buyer is obliged to ensure the smooth receipt of the goods, in particular by being available on the days of scheduled delivery at the telephone number intended for delivery or present at the address of delivery. If this obligation cannot be fulfilled, he is obliged to inform the Seller, agree with him on an alternative delivery date or designate a substitute person who will fulfill the obligation to take over the goods on behalf of the original consignee.
- The buyer acquires ownership of the goods until full payment of the full purchase price for the goods.
- The seller is entitled to refuse the delivery of goods and cancel the order if the price according to Article V. of the GTC has not been paid properly and on time.
- The Buyer is obliged to take over the goods at the place specified in the order confirmation by the Seller, unless the parties agree otherwise in the purchase contract.
- In the event that the goods are not taken over by the Buyer within five working days, and no agreement has been reached on changing the delivery time, the Seller is entitled to withdraw from the contract in accordance with Article VIII. GTC.
- In the event that it is necessary to deliver the goods repeatedly for reasons on the part of the Buyer, the Seller is entitled to a contractual penalty in the amount of proven costs for repeated delivery.
- Upon receipt of the goods, the Buyer shall sign a delivery note in which he confirms the quantity and type of the ordered goods, or indicates defects in the goods.
- The buyer is obliged to thoroughly check the goods, as well as their packaging, immediately upon receipt from the carrier / courier and confirm with his signature the receipt of the goods on the receipt of the goods. In the event that the Buyer finds that the goods or packaging of the goods is mechanically damaged, he is obliged to notify the carrier of this fact and check the condition of the goods in his presence. In the event of damage to the goods upon receipt by the Buyer, the Buyer is obliged to make a record immediately upon receipt of the goods on the extent and nature of the damage to the goods (damage record), the accuracy of which will be confirmed by the carrier. On the basis of such a record delivered to the Seller, the Seller may, after concluding a loss event with the carrier, provide the elimination of the defect of the goods, a discount on the goods and in case of unrecoverable defects of the goods to deliver new goods to the Buyer.
VIII. WITHDRAWAL FROM THE CONTRACT
- WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER BUYER:
- In the case of purchasing goods through the e-shop, the Buyer - consumer, is entitled to withdraw from the purchase contract without giving a reason within 14 days of receipt of the goods. During this period, the Buyer has the right to unpack and test the goods in a similar way as is possible when buying in a classic "stone" store, but may not start using it and then return it to the Seller. The instruction given in Annex no. Also applies to the consumer who buys goods in accordance with the Act on the Sale of Goods at a Distance. 1 and the model set out in Annex no. 2 of these GTC. The Buyer has this right even if he picked up the goods ordered via the Internet in person at the Seller's place of delivery. After the expiration of this period, the Buyer is entitled to withdraw from the contract exclusively for the reasons stated in the relevant generally binding legal regulations.
- In the case of Goods made according to the special requirements of the Buyer, is goods for which the Buyer has used the opportunity to create his own design of goods according to his specific requirements, by editing and entering special requirements by clicking on the "edit in designer" option, the consumer has no option from withdrawal of the purchase contract and return the Goods made according to special requirements, in accordance with the provisions of § 7 par. 6 letter c) of the Act on Consumer Protection in the Sale of Goods at a Distance.
- The Buyer - consumer is obliged to return the goods complete, with complete documentation, undamaged, clean, if possible including the original packaging, in the condition and value in which he received the goods. The goods must be returned within 14 days from the date of withdrawal from the contract. The goods must be sent to the branch / collection point (Ing. Ladislav Nyers - 3 STAR, Roľníckej školy 873, 945 01 Komárno) by registered mail. The Seller is not responsible for any loss or damage during transport. In the event that the returned goods are incomplete or damaged, the Seller may reduce the returned price by a corresponding amount. The money will be returned to the Buyer consumer within 14 days of the Buyer's withdrawal from the contract. If it is not a Goods manufactured according to specific requirements, the Seller is obliged to return to the Buyer, in addition to the price for the goods, also the amount of costs incurred during the transport of the goods.
- The Buyer acknowledges the fact that if gifts are provided with the goods, the gift contract between the Seller and the Buyer is concluded on the condition that if the consumer's right to withdraw from the contract is exercised, the gift contract expires and the Buyer is obliged together with the returned goods. return the related gifts provided.
- If the Buyer has created a user account on the e-shop website, instead of returning the purchase price by non-cash transfer to the account or in cash, he may request a refund of the purchase price in the form of a discount code for the next purchase.
- WITHDRAWAL FROM THE CONTRACT BY THE BUYER WHICH IS AN ENTREPRENEUR:
- The Buyer - entrepreneur, is entitled to withdraw from the purchase contract only for reasons stated in applicable legislation, especially in the Commercial Code or on the basis of an individual agreement with the Seller.
- The seller announces competitions of various types throughout the year.
X. PROTECTION OF PERSONAL DATA
- In connection with the introduction of legislation in the field of personal data protection - Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of data processing and processing of personal data and repealing Directive 95/46 / EC GDPR) and the implementation of measures on ensuring the Seller's compliance with the GDPR as well as with the relevant relevant legal regulations governing the protection of personal data, the Seller has taken all necessary measures to ensure the protection of personal data. TU customers will find a general information obligation regarding the protection of personal data.
XI. FINAL PROVISIONS
- These GTC come into force and effect 25. 7. 2020 and fully replace the previous GTC.
- These GTC become effective against the Buyer by concluding a purchase contract. By sending the order, the buyer confirms that he has read these GTC and fully agrees with them. The seller can change the goods listed on the e-shop at any time without prior notice.
- Legal provisions not regulated by these GTC are subject to the relevant provisions of the Civil Code, the Commercial Code, the Act on the Sale of Goods at a Distance and other generally binding legal regulations governing, inter alia, consumer protection.
- The contracting parties have chosen the Slovak legal system as the applicable law.
- The Seller reserves the right to change and supplement the GTC, while such amended GTC become binding for the Buyer and part of the purchase contract concluded between the Seller and the Buyer from the date of its publication on the Seller's website.